Final Regulations Provide Flexibility for Clean Hydrogen Production Tax Credit
Key Ideas
  • The Final Regulations for the section 45V clean hydrogen production tax credit offer increased flexibility, reduced risk, and more certainty for investments in the domestic hydrogen industry.
  • Changes in the regulations include new qualification pathways for electricity generated from nuclear power facilities, facilities using carbon capture technology, and hydrogen produced from renewable natural gas feedstocks.
  • The Final Regulations have delayed the hourly matching requirement to 2030 and have received support from hydrogen producers, financiers, and stakeholders in the energy sector.
  • While the regulations may face legal challenges, the likelihood of Congress using the Congressional Review Act to overturn them appears reduced due to the support for the tax credit and modifications made in the Final Regulations.
The Department of Treasury and the IRS have finalized regulations under the Inflation Reduction Act to implement the clean hydrogen production tax credit. These regulations provide additional flexibility for hydrogen producers to qualify for the credit by introducing new pathways for electricity generation and hydrogen production. The regulations delay the hourly matching requirement and have been developed in collaboration with the Department of Energy and the Environmental Protection Agency to grow the clean hydrogen industry while maintaining emissions requirements. The regulations tie the tax credit amount to lifecycle greenhouse gas emissions measured using the GREET model, which is crucial for eligibility. Despite potential legal challenges and the Congressional Review Act looming, support for the tax credit and modifications made in the Final Regulations reduce the likelihood of Congress overturning them. The industry has generally welcomed the changes in the regulations, and there is a suggestion that a new rulemaking process for further improvements may be more beneficial than litigation to rescind the Final Regulations. Section 45V provides a ten-year production tax credit for qualified clean hydrogen, with varying credit amounts based on lifecycle GHG emissions rates. Overall, the Final Regulations aim to support the growth of the clean hydrogen industry by providing more certainty and flexibility for investments.
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